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All Journal Sociological Jurisprudence Journal Jurnal Notariil KERTHA WICAKSANA JURNAL HUKUM PRASADA Batulis Civil Law Review Jurnal Konstruksi Hukum Jurnal Interpretasi Hukum Law Doctoral Community Service Journal Deposisi: Jurnal Publikasi Ilmu Hukum Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik

I Made Arjaya

Program Studi Magister Ilmu Hukum Universitas Warmadewa

Author-ID : 3409955

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 18 Documents Claim Missing Document

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Authority and Procedures for Determination of the Foundation Managers Arjaya, I Made; Martina, Ni Wayan Umi; Ranawijaya, Ida Bagus Erwin
Sociological Jurisprudence Journal Vol 1, No 2 (2018)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.1.2.728.67-73

The purpose of this study is to find out who is authorized and how the procedure of determination the foundation managers. The method used in this research is the method of normative legal research with statute approach, conceptual approach and case approach. Research location in Denpasar Bali. Sources of legal material are legislation, and cases faced by the DJ foundation. How to collect legal materials is to use the card system. The result of the research is the authority to determination the foundation managers by the foundation trustees and the procedures of determination the foundation managers begins with the supervision conducted by the supervisor of the foundation, followed by the temporary dismissal, then proceed with clarification meeting from the managers of foundation, which can lead to the determination of the foundation managers.

PENYELESAIAN SENGKETA UTANG PIUTANG MELALUI PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG (PKPU) DI PENGADILAN NIAGA (Studi Kasus PKPU PT.Rendamas Realty dan Jane Christina Tjandra, Putusan No.4/Pdt-Sus/PKPU/2017/PN.Niaga Sby) Arjaya, I Made; Dewi, A.A Sagung Laksmi
KERTHA WICAKSANA Vol 12, No 1 (2018)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.12.1.418.46-55

Abstrak Tujuan dari penelitian ini adalah untuk mengetahui Kewenangan Pengurus/Kuratordan Prosedur Penundaan Kewajiban Pembayaran Utang (PKPU)/ Kepailitan PT. Rendamas Realty dan Jane Christina Tjandra di Pengadilan Niaga pada Pengadilan Negeri Surabaya. Jenis penelitian yang dipergunakan adalah penelitian hukum normatif dengan menggunakan pendekatan perundang-undangan dan pendekatan kasus. Hasil yang diperoleh adalah Kewenangan Pengurus dalamPenundaan Kewajiban Pembayaran Utang (PKPU) PT. Rendamas Realty dan Jane Christina Tjandra di Pengadilan Niaga pada Pengadilan Negeri Surabaya adalah mengumumkan Putusan, menyelenggarakan Rapat-rapat,menerima dan menyiapkan Daftar Tagihan Kreditor,menyiapkan Rencana Perdamaian,menyiapkan Daftar Voting dan membuat Laporan.Prosedur Penundaan Kewajiban Pembayaran Utang diawali dengan adanya Permohonan yang diajukan oleh Debitor atau oleh Kreditor. Permohonan tersebut harus dikabulkan oleh Pengadilan dengan menerbitkan Putusan yang berisi Penundaan Kewajiban Pembayaran Utang Sementara (PKPUS) paling lama 45 hari dan dapat diperpanjang dengan menerbitkan Putusan Penundaan Kewajiban Pembayaran Utang Tetap (PKPUT) paling lama 270 hari. Putusan PKPU harus menunjuk Hakim Pengawas dari hakim pengadilan serta mengangkat 1 (satu) atau lebih Pengurus yang bersama dengan Debitor mengurus harta Debitor. Kata kunci: Kepailitan, Kurator, Debitor, Kreditor Abstract The purpose of the research is to know the authority of administrator and the prosedures of rescheduling debt payment/ bankruptcyPT. Rendamas Realty dan Jane Christina Tjandra at Surabaya Comercial Court. The type of research is normative law research with statute approach and case approach. The result is The Administrator/Receiver have authority to announced court statement, organizing meetings, receive registration, prepare the creditor bill list, preparing settelmen plan, prepare a voting list and make a report. The procedures of rescheduling debt payment begins with an application filed by a debtor or creditor. The application must be granted by the court by issuing a statement for 45 days and can be extended up to 270 days. Keywords: Bankrupcy, Receiver, Debtor, Creditor

The Role of the Curator as a Mediator in the Settlement of a Bankruptcy Case Arjaya, I Made; Umi Martina, Ni Wayan
Sociological Jurisprudence Journal Vol 2, No 1 (2019)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.2.1.997.58-61

The purpose of this study is to look for the efforts that can be made by debtors to have their cases of bankruptcy resolved peacefully and to examine the procedures to be undertaken by Curator to achieve peace in the efforts of settling the case of so bankruptcy. This type of research is normative legal research done with a statute approach, conceptual approach, and case approach to legislation. The legal materials were collected by applying the method of library research. The results of data analysis show that in order to achieve peace in the settlement of the cases of bankruptcy, a a debtor needs to immediately make a rational peace plan that is acceptable to the creditors. In achieving this, the curator takes a key role to convice the debtors to make a good decision in preparing a plan of peace. The implication is the prepapred peace plan should be made sure capable of assuring the creditors to take. Thus, it is the curator’s responsibility to also convince the creditor to accept the plan of peace made by the bankrupt creditors. Keywords: Bankruptcy; Curator

Perlindungan Hukum terhadap Advokat dan Klien dalam Penyelesaian Perkara Perdata I Putu Esha Wiryana Putra; I Made Arjaya; NI Made Puspasutari Ujianti
Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The relationship between lawyers and clients that arises as a result of the legal relationship that is established often leads to legal disputes. The dispute can result in losses for both parties, while this legal arrangement regarding the issue has not fully accommodated the needs of advocates and clients. The purpose of this study is to analyze the rights and obligations of advocates and clients and dispute resolution that can be taken by advocates and clients. This type of research is a normative legal research, using a statutory approach. The results of this study indicate that the regulation regarding the rights and obligations of advocates is regulated in Law Number 18 of 2003 concerning Advocates and the code of ethics for advocates. Meanwhile, the rights and obligations of clients, as a broader understanding of consumers, are regulated in the Law on Advocates and the Civil Code. If there is a dispute due to a legal relationship that arises between an advocate and a client, the legal settlement can be through the Advocate Code of Ethics Body, the General Court of Justice and Arbitration, Mediation and other alternative dispute resolutions.

Prosedur Pengembalian dan Pemulihan Kerugian Negara Akibat Tindak Pidana Korupsi Sandi Herintus Kabba; I Made Arjaya; Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Corruption is an extraordinary crime whose eradication must be carried out in an extraordinary manner according to the procedures for returning and recovering state losses due to corruption. This study aims to analyze how the process of carrying out recovery and refund of state losses by prosecutors in corruption crimes and discusses efforts to recover and recover state losses due to corruption. The method used is normative legal research. This research approach is a conceptual and literature approach, with the primary legal sources coming from legislation and decisions, while the secondary legal sources come from legal journals and law books. Data collection is done by collecting data and summarizing. The result of the procedure for returning and recovering state losses due to corruption is in accordance with the procedures, namely the corruption eradication law and other regulations. Efforts to recover and recover state losses due to corruption by maximizing the return of state losses by confiscation, tracing the assets of the convict, the authority of the KPK Prosecutor must be regulated firmly and clearly. Researchers suggest that the government should provide adequate facilities and infrastructure for the Prosecutor's Office and the KPK in order to maximize the eradication of corruption.

Perjanjian Jual Beli Tanah Hak Milik Debitur Pailit yang Dijaminkan di Bank Leomardo Ebedkena Tabuni; I Made Arjaya; Desak Gde Dwi Arini
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

In connection with the sale and purchase agreement for the land owned by a bankrupt debtor who is guaranteed at the bank, of course, there will be a consequence of a legal action. The result of the legal action in question is regarding the transfer of land title if the debtor breaks his promise or does not carry out his obligations. Creditors holding Guarantee Rights Guarantee (separatist creditors) may execute the guarantee, as if there was no bankruptcy. However, in exercising his executive rights, there is a time limit for separatist creditors in accordance with Article 56 of the Bankruptcy Law. After passing this period of time, the curator then carries out the management and settlement under the supervision of the supervisory judge. The purpose of this research is to study and find out about the legal arrangement and procedures for the settlement of sale and purchase of land owned by a bankrupt debtor which are guaranteed at the bank. This study uses a normative legal research method, with a statutory approach and a conceptual approach. The results of this study are: firstly, the credit agreement creates a debt and credit relationship, in which the debtor is obliged to pay back the loan given by the creditor (bank); secondly, in accordance with the requirements for a debtor who has two or more creditors and there is a debt and one debt is due and can be collected. After fulfilling these requirements, those who have been registered through the clerk of the court, further examination by the Chief Justice will be carried out to obtain a permanent bankruptcy decision for Ninety days, and ultimately, a summon of the parties to a verification meeting is carried out.

Peranan Alat Bukti Elektronik dalam Tindak Pidana Pencemaran Nama Baik I Putu Angga Permana; I Made Arjaya; Ni Made Sukaryati Karma
Jurnal Interpretasi Hukum Vol. 2 No. 2 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

This study is included in the category of empirical legal research carried out to fulfill the following objectives, 1) Assessing the rules related to criminal act of defamation in the Information and Electronic Transactions Law, 2) Examining the process of legal proof in criminal act of defamation under the Law of Information and Electronic Transactions. From the results of data analysis, it can be concluded that along with the increasing number of criminal cases through online media, the enforcement of electronic documents as legal evidence becomes very important due to the absence of physical evidence. The rules regarding the criminal act of defamation are included in the "Law. No.11 / 2008 article 5 paragraph (1) and (2) on Information and Electronic Transactions "where the presence of this new law is an enlightenment related to online criminal cases (cybercrime). Then, it was also found that only if the use of trial evidence was in accordance with the existing regulations in Indonesia, then proof of a criminal act, especially defamation, could be said to be legitimate. Substantially, defamation is classified as a criminal offense, so it is necessary to have a way of proof if the case occurred is not physically but through online media (Cybercrime).

Prosedur Pengembalian dan Pemulihan Kerugian Negara Akibat Tindak Pidana Korupsi Sandi Herintus Kabba; I Made Arjaya; I Made Minggu Widyantara
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Corruption is an extraordinary crime whose eradication must be carried out in an extraordinary manner according to the procedures for returning and recovering state losses due to corruption. The purposes of this study are to reveal the process of implementing the return and recovery of state losses by prosecutors on corruption crimes as well as efforts to restore and recover state losses due to corruption. The method used is normative legal research with a statutory approach and a conceptual approach. The technique of collecting legal materials is done through the study of recording and documentation. Primary and secondary sources of legal materials are used as sources of legal materials in this study. Then, the legal materials and data are managed using interpretation analysis. The results of the study reveal that the procedure for returning and recovering state losses due to corruption is in accordance with the procedures, namely the Law on the Eradication of Corruption and other regulations. efforts to recover and recover state losses due to corruption by maximizing the return of state losses by confiscation, tracing the assets of the convict, the authority of the KPK prosecutor must be regulated firmly and clearly. The author suggests that the Government should provide adequate facilities and infrastructure for the Prosecutor's Office and the KPK in order to maximize the eradication of corruption, the public needs to submit information to the Prosecutor's Office, the KPK, and the Police regarding corruption crimes that have occurred.

Regulation of The Imposition of Criminal Sanctions against The Criminal Acts of Prostitution in Indonesian Positive Law Ida Bagus Gumilang Galih Sakti; I Made Arjaya
Jurnal Hukum Prasada Vol. 9 No. 1 (2022): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Prostitution activities that occur in society are not only caused by pimps and sex peddlers, but are also closely related to users of prostitution services. The absence of regulations that can ensnare perpetrators of prostitution practices, especially users of prostitution services, shows the government's inconsistency in combating prostitution practices. There are two problems in this study, namely, first, how is the regulation of punishment for perpetrators of criminal acts of prostitution in Indonesian positive law and second, how is the imposition of criminal sanctions against perpetrators of criminal acts of prostitution, especially users of prostitution services through complaint offenses in the Criminal Code. This study uses normative research conducted through an assessment of the legislation and legal concepts. The approach in this study uses a legal concept approach, and a statutory approach. Based on various explanations of articles in Indonesian positive law, it is not at all clear and implicit that there are articles that regulate criminal sanctions against users of prostitution services. With the absence of legal norms related to criminal sanctions for users of prostitution services, other legal remedies can be taken to ensnare users of prostitution services through the application of a complaint offense with the alleged crime of adultery as regulated in Article 284 of the Criminal Code.

Pelaksanaan Eksekusi Benda Bergerak Yang Tidak Dibebani Jaminan Fidusia Di Perkoperasian I Made Arjaya; Nyoman Putra Suhambara
Batulis Civil Law Review Vol 2, No 2 (2021): VOLUME 2 NOMOR 2, NOVEMBER 2021
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v2i2.689

Guarantee execution is one of the ways when the debtor is negligent in carrying out his obligations which are carried out in accordance with applicable legal procedures. Furthermore, two basic problems are formulated to be studied, namely: 1). How is the execution of movable objects that are not burdened with Fiduciary Guarantees? And 2). What legal efforts can be made by the creditor if the execution of movable objects that are not burdened? this section also describes the purpose and benefits of writing and the originality of research as the work of the real writer. This study uses an empirical juridical approach, data obtained through library research and direct research in the field. Based on the results of the study, it can be concluded that. Judging from the law enforcement theory, the execution of collateral objects with fiduciary guarantees at the Cooperative, namely when the debtor is declared default, the cooperative will seize the object of collateral, takeover or disbursement of collateral objects under the hand, and auction the guarantee object based on the Selling Power. And the creditor's legal efforts according to the theory of legal protection cannot be implemented, namely the cooperative as the creditor will take a non-litigation path such as negotiation and mediation. And if the non-litigation path does not produce results, the cooperative will take a litigation route, namely to file a lawsuit to the court on the basis of a default made by the debtor.

Co-Authors A.A Sagung Laksmi Dewi Anak Agung Istri Agung Desak Gde Dwi Arini Desak Gede Dwi Arini Dewi, A.A Sagung Laksmi Faikotul Masruchah Gede Amatya Ananta I Made Minggu Widyantara I Putu Angga Permana I Putu Esha Wiryana Putra Ida Bagus Erwin Ranawijaya Ida Bagus Gumilang Galih Sakti Karma, Ni Made Sukaryati Leomardo Ebedkena Tabuni Lia Siti Sawaliah Luh Made Mahendrawati Ni Komang Arini Styawati Ni Made Puspasutari Ujianti Ni Wayan Umi Martina Ni Wayan Umi Martina NI WAYAN UMI MARTINA, NI WAYAN UMI Nyoman Putra Suhambara P. B. Pramana Sandi Herintus Kabba Umi Martina, Ni Wayan

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